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1977 12 19 1 ) - ... REGULAR CHANHASSEN CITY COUNCIL MEETING DECEMBER 19, 1977 Mayor Hobbs called the meeting to order at 7:30 p.m. with the following members present: Councilmen Pearson and Geving. The meeting was opened with the Pledge to the Flag. APPROVAL OF AGENDA: Mayor Hobbs asked if any council members had additional items for the agenda. No additions were noted. The City Attorney requested that the agenda be amended to include the Brose right-of-way acquisition. Councilman Pearson moved to approve the agenda as presented including the amendment requested by the City Attorney. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson and Geving. No negative votes. Motion carried. Councilmen Neveaux and Waritz arrived at 7:35 p.m. PUBLIC HEARING PARKING LOT IMPROVEMENTS, CENTRAL BUSINESS DISTRICT WEST 78TH STREET AND GREAT PLAINS BLVD. Mayor Hobbs called the public hearing to order at 7:40 p.m. with the following interested persons present: Ann Koltyk, Tartan Curve, Eden prairie Harry Pauly, 7561 Great Plains Blvd. This project consists of constructing a new municipal parking lot behind Pauly's, O'Leary's Kitchen, Victoria's and adjacent to the old Village Hall. The total estimated cost is anticipated to be $69,615. with adjacent property owners being assessed such. Bill Brezinsky discussed the proposed project as outlined in his report dated November 14, 1977. The hearing was opened for comments from persons present. Ann Koltyk - Now if it went to the village (if they took care of it), would any of the driveways be blocked off so I couldn't get back there on my property? Don Ashworth, City Manager - The proposed parking lot would abut your property and so you would have as much right to the use of that parking lot as any other owner. Ann Koltyk - I was wondering about the price of that, it seems awfully high compared to what Harry and I were going to be out at one time. Bill Brezinsky, City Engineer - The cost I think you were talking about at one time was only construction costs. Now, included in that total cost is about $34,000. for land acquisition. You weren't talking about that when you and Harry were talking about doing it privately. Additionall the project itself has gone up considerably since we first started talking about it. Harry Pauly - Well, let me ask you this then Walt, will we have to have another appraisal of that property? Mayor Hobbs - No I don't· think so. Harry Pauly - Would the old appraisal made by Streeter Andrus and Klingelhutz be sufficient? Council Meeting December 19, 1977 -2- Russ Larson, City Attorney - I fair to all parties concerned. pay us a dollar a square foot. people? would hope so because ~t's go~ng to be We pay them a dollar a square foot, they Does that figure sound acceptable to you No response. r Councilman Pearson moved to close the public hearing. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz and Geving. No negative votes. Motion carried. Hearing closed at 7:45 p.m. RESOLUTION #77-71: Councilman Pearson moved a resolution to approve Project :5-9CBD Parking Lot Development, to instruct the city Engineers to prepare final plans and specifications and, to instruct the City Attorney to acquire the necessary land for the facility. Resolution seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz and Geving. No negative votes. Motion carried. PUBLIC HEARING DOWNTOWN CHANHASSEN REDEVELOPMENT PROGRAM, ESTABLISH SCOPE AND BOUNDARIES TO PROJECT Mayor Hobbs called the public hearing to order at 7:50 p.m. with the following interested persons present: Tom Klingelhutz, 225 W. 77th st. Herb Bloomberg, 7008 Dakota Ave. Harry Pauly, 7561 Great Plains Blvd. Ann Koltyk, Tartan Curve, Eden prairie . . . . . 1 I ThlS publlC hearlng was for the purpose of establlshlng a redeve opment plan for the downtown district in the City of Chanhassen as prepared and recommended by the Chanhassen Housing and Redevelopment Authority. The plan as recommended by the Housing and Redevelopment Authority and for which the public hearing is being held is on file in the City Clerk's office, such referred to as "A Redevelopment Program and Supporting Documentation," dated October 28, 1977. Mike Brinda, Bather Ringrose and Wolsfeld, consultants to the HRA in preparation of the downtown redevelop- ment plan, presented the plan. The hearing was open for comments from persons present. Councilman Pearson - Can this go step-by-step? Don Ashworth - If you could get the assurances from somebody to do the whole area, we could consider that one project, or you could go on a one building basis. One of the ideas is to be able to accumulate parcels to get rid of certain land uses which are inappropriate from a planning perspective, or to be able to put more than one parcel together so that you can carry out an overall plan. The HRA has not acted on any specific projects or stated certain priorities; that is really the next thing they have to start looking at. Is this correct Tom or Herb? Tom and Herb both agreed. Councilman Neveaux moved to close the public hearing at 8:15 p.m. Motion seconded by Councilman Geving. Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz and Geving all voted in favor. No negative votes. Motion carried. , ] 110..._ Council Meeting December 19th, 1977 -3- RESOLUTION #77-72: Councilman Neveaux moved adoption of the resolution, subject to editing by the City Attorney's office, adopting a redevelopment plan for downtown Chanhassen as recommended by the HRA and dated October 28, 1977. Councilman Geving seconded the resolution. The following voted in favor: Mayor Hobbs, Councilmen Neveaux, Waritz, Geving and Pearson. No negative votes. Motion carried. MINUTES: Councilman Neveaux moved to accept the Regular Chanhassen City Council minutes as submitted. Councilman Waritz seconded the motion. The following voted in favor: Mayor Hobbs, Councilmen Neveaux, Waritz, Pearson and Geving. No negative votes. Motion carried. The Council noted the HRA minutes of November 29, 1977 and suggested that they be amended by the HRA to strike the phrase "a closed". LOTUS LAKE DRAINAGE STUDY, SET DATE FOR PUBLIC HEARING: The City Council previously authorized the City Engineer to prepare a feasibility study for public improvements necessary to correct drainage problems along Lotus Lake. The drainage area includes the major portion of the residential areas abutting downtown Chanhassen. The drainage problems are primarily downstream erosion of private and public property. Those areas where erosion is most significant include Lot 12 off Frontier Trail and a drainage ditch adjacent to the Mike Hughes Property on Frontier Trail. An additional portion of the feasibility study included downstream drainage problems from the Western Hills Pond to Lotus Lake. The feasibility report, as presented by the City Engineer, recommends an approximate $26,000. cost of constructing a swale in the Lot 12 area and $9,000.. in costs to pipe storm sewer run off from Frontier Trail to Lotus Lake adjacent to the Hughes property - both of which being included in one improvement project area. The second project, improvements at Western Hills Pond, proposes construction of a outlet structure adjacent to the pond, in the park area, to control the amount of water released from the pond after severe rains at a cost of approximately $6,000. The normal height of the pond would not be changed, but the discharge would be controlled during rainstorms to alleviate existing downstream erosion and damage to private property. Councilman Waritz moved to table setting a public hearing date and to authorize the City Attorney to proceed with acquiring necessary easements to insure that anticipated costs of the project would be known prior to setting the public hearing date. Additionally, that the City Engineer obtain in writing, .the policies of the Soil Conservation District and Watershed District as to the applicability of any or all of these projects for grant monies. The motion was seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Neveaux, Geving, Pearson and Waritz. No negative votes. Motion carried. RECONSIDERATION, SUBDIVISION REQUEST, ROBERT SOMMER, LOT C, BARDWELL ACRES, DIVIDE AN EXISTING LOT INTO TWO LOTS: The City Council had considered Mr. Sommer's request on November 17, 1977 and acted to table action pending Mr. Sommer's placing the division into a plat format. Mr. Sommer presented a registered land survey showing the division of the property to allow two buildable lots and requested reconsideration of the "plat format" requirement. Councilman Pearson moved to grant the division as requested. Councilman Neveaux seconded the motion. Mayor Hobbs asked whether the motion included any conditions as to the availability of sewer or requiring payments be made for such. Councilman Pearson stated the motion did not. The following voted in favor: Councilmen Pearson, Waritz and Neveaux. Council Meeting December 19, 1977 -4- Councilman Geving and Mayor Hobbs voted no. Motion failed as 4/5's vote is required. Councilman Pearson moved to approve the subdivision request with the II condition that a determination be made that sanitary sewer is available to the property and all assessments for such are paid. Councilman Neveaux seconded the motion. The following voted in favor: Mayor Hobbs, Councilmen Neveaux, Pearson, and Waritz. Councilman Geving voted no. Motion carried. ZONING ORDINANCE AMENDMENT, LOT LIMITATION, FINAL READING: The City Council discussed a proposed amendment to the zoning ordinance which would allow lots not presently meeting the zoning ordinances to be buildable lots. The primary factors in determing whether a lot is buildable would be determined by whether the lot was a platted lot of record prior to 1972 and lies within an R-l or R-2 residential zoning district and, further, that the lot is served by municipal sanitary sewer and has been assessed for such. Other minor provisions are required in meeting the tests of a buildable lot. Councilman Neveaux moved to approve final reading of the proposed amendment as shown in the council packette of December 19, 1977. Councilman Geving seconded the motion. The following voted in favor: Mayor Hobbs, Councilmen Neveaux, Geving, Waritz and Pearson. No negative votes. Motion carried. CHECKS DATED DECEMBER 19, 1977: Councilman Geving made a motion to approve the bills as submitted in the December 19, 1977 council pack- 1- ette. Councilman Pearson seconded the motion. The following voted in favor: Mayor Hobbs, Councilmen Neveaux, Geving, Waritz and Pearson. No negative votes. Motion carried. . LOT AREA VARIANCE, 6782 MAN DAN , DANIEL WOITALLA: The Council discussed Mr. Woitalla's request to construct a double garage on his property. The existing lot does not meet the lot area required within a single- family residential district. The Board of Adjustments and Appeals held a public hearing on this and received no objections to the proposed construction. Councilman Geving moved to approve the variance request as presented in the City Manager's report dated December 19, 1977. Councilman Pearson seconded the motion. The following voted in favor: Mayor Hobbs, Councilmen Geving, Pearson, Waritz and Neveaux. No negative votes. Motion carried. LOT AREA AND SHORELAND MANAGEMENT VARIANCE, LOTS 1 AND 2, BLOCK 2, MINNEWASHTA CREEK 1ST ADDITION, ROBERT RITTER: The Council discussed Mr. Ritter's request to construct two single family homes adjacent to County Rd. 15, South of Highway 7. The lots met zoning ordinance requirements when platted, but presently are lower than the required 20,000 square foot requirement under the Shoreland Management Act (each of the lots contains approximately 16,000 + square feet). ~ Councilman Pearson moved to approve the Board of Adjustments and Appeals recommendation as presented in the December 19 council agenda packette, that the proposed variance be granted. Councilman Waritz seconded the motion. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Waritz, Geving and Neveaux. No negative votes. Motion carried. II -- '.... Council Meeting December 19, 1977 -5- LEVY LIMIT REFERENDUM ESTABLISH WORDAGE OF REFERENDUM ISSUES: The City Council discussed the Manager's recommendation for referendum issues for the proposed March referendum. After discussion,Councilman Pearson moved that the referendum issues submitted by the City Manager be approved with the following corrections: 1. Date of the proposed referendum be March 7, 1978 2. The amount per capita for continuing police services with Carver County to be changed to $14.00 per capita 3. The amount per capita required to establish a separate police department for Chanhassen be changed to $18.00 per capita 4. The wordage concerning the community center be changed to specify "to construct a new library, public works,· city hall complex. . and, additionally, be changed to reflect that the per capita maintenance cost section be changed to show that such costs will additionally be used to maintain old St. Hubert's Church as a historic site and community facility. 5. That the City Attorney redraft the recommendation of the City Manager and above amendments to insure conformance with State Law. " The motion was seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilman Neveaux, Geving, Pearson and Waritz. No negative votes. Motion carried. HOUSING AND REDEVELOPMENT AUTHORITY, CONSIDER NEW MEMBERS: The City Council reviewed the recommendation of Housing and Redevelopment Authority. Mayor Hobbs stated that he believed it coúld present a conflict of interest for a council member to sit on the HRA and then act as a council member and review recommendations from the HRA. Mayor Hobbs recommended that the City Council appoint John Pryzmus to the longer of the two remaining terms on the HRA. Councilman Neveaux moved to accept the Mayor's recommendation. Councilman Geving seconded the motion. The following voted in favor: Mayor Hobbs, Councilman Neveaux, Geving, Waritz and Pearson. No negatîve votes. Motion carried. Mayor Hobbs recommended that Calvin Niemeyer be appointed for the shorter of the two remaining terms. Councilman Neveaux moved to accept the Mayor's recommendation to appoint Mr. Niemeyer. Councilman Pearson seconded the motion. The following voted in favor: Mayor Hobbs, Councilman Geving, Pearson, Waritz and Neveaux. No negative votes. Motion carries. HANUS CONDITIONAL-USE PERMIT: The City Council discussed the conditional use permit of Don Hanus for his new building on West 79th Street. This item was to appear before the City Council prior to an occupancy permit being issued by city staff. As no concerns were noted by council members against the issuance of such permit, no action was required. As such, staff will issue a partial occupancy permit for Hanus. Councilmen noted that they desired to review the remaining portion of the building prior to an occupancy permit being issued for that section. HAZARDOUS WASTE DISPOSAL SITE: Mayor Hobbs noted that there will be a meeting coming up Wednesday, December 28, 2977 that should be watched closely. The manager noted that Bob Waibel, will attend. Council Meeting December 19, 1977 -6- CONSENT AGENDA: Mayor Hobbs asked if any Council Member wished to discuss any items on the consent agenda. As no Council Member questioned any items, Councilman Neveaux moved to accept all consent agenda items as recommended by the City Manager in his report dated December 19, 1977. Councilman Pearson seconded the motion. a. Lake Minnewashta Regional Park Conditional Use Permit - fees. b. Noise Ordinance, Adopt PCA Standards, Final Reading. c. Traffic Study, Status. d. Reset First Meeting in January to January 9, 1978. e. Brose Right-of-Way. ~ The following voted in favor: Mayor Hobbs, Councilmen Geving, Pearson, Neveaux and Waritz. No negative votes. Motion carried. PARK DONATION - EAST LOTUS LAKE: City Attorney, Russ Larson, presented an offer from Near Mountain properties to donate approximately 9.2 acres of shoreland in the form of an unrestricted deed to the City of Chanhassen. The 9.2 acres lies in an area presently being considered for a community park by the City. The planning commission will be holding a public hearing to consider the acceptability of this use on a parcel of land approximately 20 acres in size encompassing the 9.2 acres being donated. However, as an unrestricted conveyance to the City, the City is neither required to keep or use these lands for park purposes. At present, approximately $35,000. in assessments are against the 9.2 acres. Should the City determine that the overall parcel should not be considered for' park purposes, the City would be required to abate the assessments or to sell the parcel to recoup assessments placed against such. Additionally, the City staff has contacted the Metropolitan Council ." . . to assure that acceptance of the donation would not jeopardize the City's current grant application for the overall parcel. Mr. Jim Solem of the Metropolitan Council informed the City Attorney that such acceptance by the City would not jeopardize our application and, further, it is anticipated that such ownership by the City would then be used as the City's contribution for any federal grant programs. Additionally, it is hoped by City staff that any monies received for a grant for park acquisition and/or development could first be used to repay city assessments against the parcel. After discussion, Councilmen Dale Geving moved to accept the donation of Near Mountain Properties and requested that staff prepare a letter to the Near Mountain Property owners thanking them for their significant donation to the community and congratulating them for their community interest and desire to insure that open lands were maintained within the City. Councilman Pearson seconded the motion. All in favor included Mayor Hobbs, Councilmen Pearson, Geving, Neveaux and Waritz. No negative votes. Motion carried. Councilman Pearson moved to adjourn Motion seconded by Councilman Gevil~g. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving and Waritz. No negative votes. Meeting adjourned at 11:35 p.m. Don Ashworth City Manager